Section One Amendment

From:
C. MARSHALL REA
Attorney at Law
1O405 TOWN & COUNTRY WAY #401
HOUSTON. TEXAS 77024
(713) 461-1214

December 14. 1979

To:
J. E. Murrhee, Jr. President
Forest West Community Improvement Association
6218 Spruce Forest
Houston, Texas 77092

James Deas
Forest West Architectural Control Committee
5818 Birchmont
Houston, Texas 77092

Re: Roof Litigation

Gentlemen:

I am pleased to report that the roof litigation has finally come to a conclusion. On Friday, December 14, 1979 District Judge Shearn Smith entered a judgment striking down the ban on asphalt shingles contained in the Forest West deed restrictions, but also ruling that henceforth the Forest West Architectural Control Committee retains the authority to set the color, weight and quality standards for asphalt-content roofing material in the subdivision.

Under this ruling, you will have the right to seek a court injunction against any homeowners who install a roof that has not been approved by the Architectural Control Committee. The order requires a homeowner to secure the written approval of the Architectural Control Committee before installing a roof. Thus you should be able to keep cheap or sub-standard asphalt shingles out of the neighborhood.

Very truly yours,
Marshall Rea

December 31. 1979

C. Marshall Rea
The use of asphalt content shingles has been approved by the courts. The Forest West Architectural Control Committee has been given the task of insuring that only quality asphalt content shing1es are used in our neighborhood.

According to the Court, each and every homeowner must get approval from the Forest West Architectural Control Committee for the color, weight, and quality standards of the shingles they wish to use before putting on an asphalt content roof.

All homeowners of Forest West are being notified of the Court’s action via this newsletter. Any homeowner who begins installation of or roof repair with an asphalt content roof without written approval will be subject to an injunction to halt installation until proper application is received and approval has been granted. Said action by a homeowner would mean an unnecessary expense and delay to the homeowner and the neighborhood.

If you have any questions, please contact a member of the Forest West Architectural. Control Committee or a member of the Board of Directors who will refer contacts should an F.W.A.C.C. member be unavailable. The cooperation of each homeowner will be greatly appreciated and start all of us on our way to a happy and joyous 1980.

Forest West Architectural Control Committee
James Deas
J.E. Murrhee, Jr.

Forest West Board of Directors
Norris W. Tyler, Jr.
Jean Herrington
Thomas Knight
George Terry

File Number X773632
Date Filed 07/16/04 300446489

State of Texas
County of Harris
Know All Men by These Presents:

EXTENSION OP RESTRICTIVE COVENANTS OF FOREST WEST Section One

WHEREAS FOREST WEST (AKA FOREST WEST SECTION ONE) a subdivision within the City of Houston, Texas, according to the plat filed in Volume 107, Page 26 of the Map Records of Harris County, Texas was and, at the effective date of this EXTENSION OF RESTRICTIVE COVENANTS OF FOREST WEST (hereinafter referred to as the “EXTENSION”)- is subject to the restrictive covenants set out in the RESTRICTIVE COVENANTS OF FOREST WEST executed on June 4, 1964 and recorded on Ju1y 20, 1964 in Volume 5592, Page 498-507 of the Deed Records of Harris County, Texas as amended by CORRECTION OF RESTRICTIVE COVENANTS OF FOREST WEST ADDITION (CORRECTION) recorded in Volume 6005, Page 60-61 of the Deed Records of Harris County, Texas and the undersigned Owners, being not less than a majority of the Owners of the total number of Lots within the Subdivision, desire to extend until October 18, 2005 and beyond in their entirety the provisions of the RESTRICTIVE COVENANTS OF FOREST WEST as amended in the CORRECTION as original1y executed and filed of record.

NOW, THEREFORE, it is declared that until October 18, 2005 (the primary period) all of the properties within FOREST WEST (AKA FOREST WEST SECTION ONE) Subdivision shall continue to be held, sold and conveyed subject to the covenants, conditions, restrictions, easements, charges and liens contained in the RESTRICTIVE COVENANTS OF FOREST WEST as amended in the CORRECTION and filed on the dates set out above after which time said covenants shall automatically be extended for successive periods of ten years (secondary periods) unless such are amended or replaced at any time during either the primary period or any secondary period by the consent of the owners of not less than the majority of the Lots in FOREST WEST Subdivision. These covenants and restrictions shall run with said real property and be binding upon all parties having or acquiring any right, title, or interest in said real property or any part thereof, their heirs, predecessors, successors and assigns, and shall inure to the benefit of each Owner thereof.

THE EFFECTIVE DATE of this EXTENSION is from and after the date of filing of same in the Official Public Records of Real Property of Harris County, Texas.

IN WITNESS WHEREOF, the owners of not less than a majority of the Lots in FOREST WEST Subdivision have executed this EXTENSION for the purposes of acknowledging their adoption, consent to and approval of this EXTENSION.